Won't Insist On Submission Of Aadhaar Details & Caste Declaration For Non-Agri Property Registration: State Govt. Tells Telangana HC

Sparsh Upadhyay

12 Dec 2020 2:00 PM GMT

  • Wont Insist On Submission Of Aadhaar Details & Caste Declaration For Non-Agri Property Registration: State Govt. Tells Telangana HC

    The Government of Telangana on Thursday (10th December) submitted before the Telangana High Court that it won't insist on submission of Aadhaar Details & Caste Declaration for non-agricultural property registration process. This submission by the Telangana Government was made while seeking clarification from the Bench of Chief Justice Raghvendra Singh Chauhan and Justice...

    The Government of Telangana on Thursday (10th December) submitted before the Telangana High Court that it won't insist on submission of Aadhaar Details & Caste Declaration for non-agricultural property registration process.

    This submission by the Telangana Government was made while seeking clarification from the Bench of Chief Justice Raghvendra Singh Chauhan and Justice B.Vijaysen Reddy as to whether the Court had, in an earlier order, stayed the registration of Non-Agricultural property throughout the State.

    Background

    The Court was hearing pleas raising several concerns related to the Dharani portal and the suspension of registration of non-agriculture properties.

    The pleas had also questioned the compulsions created under Dharani for people to necessarily upload their property details on to the website along with personal data and information of petitioners and their family members such as caste, Aadhaar number etc.

    It may be noted that in its 03rd November Order, the High Court had stated that "the State is directed not to insist that any details be filled in the Dharani Portal vis-a-vis the non-agricultural land owned by the people".

    Therefore, the State Government was under an impression that by the said order the Court had stayed the registration of Non-Agricultural property throughout the State.

    The Advocate General further gave an undertaking that the State Government will not insist on submission of Aadhaar Card number or the caste being declared, or on details of the family members and their respective Aadhaar Card numbers.

    He further prayed that the State be Permitted to register the NA Property under Computer-aided Administration of Registration Department.

    Court's Order

    To this, the Court said,

    "It is clarified that there was no stay granted by this Court on registration "in toto". The stay was granted to the extent that the details should not be insisted on to be filled on the Dharani Portal"

    The Court permitted the State government to register the documents dealing with the non- agricultural lands in compliance with Section 70A to 70C of the Registration Act, 1908 in the Computer Aided Administration of Registration (CARD) format.

    Further, the Court said that the Government is permitted to direct the people to register for the slot for the registration and only thereafter to register their documents during the time provided by online slot.

    The Court also directed that in case the PTIN (property tax identification numbers) is not assigned to the 'NA Property' the "Government is duty bound to assign the said number within a period of two days and to carry out the registration only thereafter."

    Pursuant to this Order, the Minister for Municipal Administration & Urban Development, Industry & Commerce, Information Technology, Government Of Telangana K.T. Rama Rao announced on Twitter that the registration activities of Non-Agricultural properties from would commence from 11th December in accordance with the HC order.

    It may be noted that as per the report of The New Indian Express, the Telangana government had sought sensitive details, such as Aadhaar number and caste of property holders, as part of its survey for the Dharani portal.

    Now, this Order of the High Court has, in effect, paved the way for the commencement of the registrations of non-agricultural properties in the state.

    Case title - Saaketh Kasibhatla, v. The State of Telangana and others along with connected petitions

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